Intellectual property Patents: The right given to be the only one who may make and sell a new invention, or use a method for a certain number of years Trademarks: A special picture, mark, word, etc. placed on a product to show who its maker or dealer is Copyrights: The legal right to be the only publisher, producer, or seller of a particular piece of work
Copyright Law Congress has the power ―to promote the Progress of Science and the useful Arts, by securing for limited Times to authors and Inventors the exclusive Right to their respective Writings and Discoveries.‖ U.S. Constitution, Art. 1, Sec. 8, Cl. 8
What is copyrighted?―Original works of authorship‖ that can be recorded in a ―tangible medium of expression‖ musical works, including any accompanying lyrics literary works dramatic works with any music pantomimes, choreography graphics, artwork, sculptural works sound recordings motion pictures and other multimedia
What cannot be copyrighted? Ideas Facts Procedures/process Systems Operation Methods Concepts/principles Discoveries
How long does copyright last? Life of author plus 70 years Joint authors—life of last survivor plus 70 years Works for hire—95 years from publication or 120 years from creation
What is not covered by copyright? Anything not fixed in a tangible medium (telling a story, a dance—must be recorded in some form) Works consisting entirely of common property (no original authorship) Federal documents Titles, names, short phrases, slogans, familiar symbols or designs (trademarks), Listings of ingredients or contents (recipes)
―Fair Use‖ The use by someone other than the author, without the author’s permission, of a copyrighted work
Purposes of ―Fair Use‖ Criticism & Comment Scholarship/Research Teaching Preparation for teaching News reporting Parody
―Fair use‖ Questions Is the use commercial? Is the original work mostly fact? Has the original work been published? Are you copying only a small part of the original work? Does your conduct leave unaffected any profits that the owner can make? Are you giving credit to the author?
What can teachers do? Get permission from the author and you can do whatever you and the author have agreed upon Make a single copy for scholarly research, use in teaching, or in preparation for teaching Chapter from a book Periodical or newspaper article Short story, short essay, short poem Chart, graph, diagram, cartoon, or picture from a book, periodical, or newspaper
Classroom copies Limitations: One copy per pupil Must meet the ―brevity test‖ guidelines Must meet ―spontaneity rule‖ Not more than nine instances for 1 class in 1 class term No term-to-term use of same materials for same class Every copy must include notice of copyright
―Brevity Test‖ Guidelines Poem: complete if less than 250 words-- if longer, no more than 250 words Prose: a complete article, story, or essay if less than 2500 words Prose: an excerpt of not more than 1000 words or 10% of the work, whichever is less Illustration: one chart, graph, diagram, drawing cartoon, or picture per book or periodical Multi-media exceptions explained later
―Spontaneity Rule‖ Copying is immediate and the inspiration of the individual teacher The decision was so close in time that it would be unreasonable to expect a timely reply to a request for permission However, poor planning will not get you far in court…
Keep It Legal Cite the source!!! Keep the use in the classroom Extending beyond school door will get you in trouble. Example of extensions : web page, published report, article in the local newspaper, bus trip. Ask for permission!!!
MUSIC: FAIR USE-GUIDELINES Emergency copying For academic to replace purchased purposes other than copies which for any performance, single or reason are not multiple copies of available for an excerpts of works may imminent be made, not more performance, provided than 10% of the whole purchased replacement work. copies ordered One copy per pupil.
FAIR USE - NOT ALLOWED Out-of-Print: Still protected, write and ask No reply - still don’t have permission to copy Collections: One song out of a collection - ask Extra Parts: Buy if available. Ask! Contest: If originals are required - order Choral/Speaking parts for musicals: Blatant violation to copy - lack of $ does not justify photocopying!
RECORDINGS-Compulsory Mechanical License-Fair Use 1) A single copy of a 2) A single copy of sound recording of recordings or copyrighted music performance by may be made from students may be made sound recordings owned by an for evaluation and educational institution rehearsal purposes and or an individual may be retained by the teacher for exams or educational institution oral exercises or individual teacher
OTHER DILEMMAS Arrangements - No Fair Use -- Get permission Adaptations - Fair use applies when editing or simplifying provided the fundamental character of the work is not distorted or lyrics altered or added Transcription - Get permission Parody - Requires authorization - be safe - ask
Permission Use Sheet (Signature of author allows others to use their material) Internet sites such as: Music Vendors www.bmi.com, www.nmpa.org, etc. Call publisher/producer Write request for information See resources page
Commercially Produced Audiovisual Materials Rented or Purchased Video, CD, DVD, Audio cassette, etc. * No copying even for archiving purposes * No charging of viewing fees * Must be in the course of face-to-face teaching activity (tied to the curriculum) *Must be presented by students or teachers *Must be legally acquired copy of the work *Must be used in an educational setting * Broadcast rights may be purchased
Television Recording Copying of Programs is allowed (fair use) if done by the schools media specialist for instructional purposes. Only one main showing per class in the first 10 school days is allowed. Teacher may use until day 45 for evaluation, etc. Copy must be destroyed after 45 days from recording. Noone else in the school can record the same program more than once. Parts of programs can be shown but no altering of content. The copyright notice must be included.
Cable Television Programs designated as Cable in the Classroom can usually be used up to one year. Locate programs at www.ciconline.org Programs labeled (RES) can be shown in public as it airs but not taped for later playing.
Broadcasting to Cable TV Work made for hire statement should be signed for school ownership Check with local cable provider before attempting to broadcast No copyrighted videos, plays, or recorded music can be rebroadcast
Educational Multimedia Combining of original work with portions of copyrighted material to produce an integrated presentation Teachers must use in face-to-face instruction for up to two years. Permission must by secured after that. Can use 10% or up to 3 minutes, whichever is less of motion media Text is limited to 10% or 1000 words, whichever is less Music is limited to 10% with a maximum of 30 seconds
Educational Multimedia (Continued) No more than 5 images or photos per artist No more than 10% or 15 per collective work Up to 10% or 2500 fields or cells from a database or table One copy can be made for backup purposes
Copyright Issues Concerning Visual Arts and Images “Originals are the fairest flowers:Imitations are of quicker growth but fainter bloom.” Thomas McFarland
Visual Art Copyright 20th Century Reality―Societal goal underlying copyright is tostimulate and encourage progress in the arts.Copyright supposedly sparks creative impulsethrough economic impetus. Conversely,unauthorized copying inhibits creativity.‖ Darraby, Jessica L. 1995. Art, Artifact and Architecture Law.
Visual Arts and ImagesPaintings Slides CartoonsPhotography Sculpture DrawingsGraphics Illustrations GraphsPrints Charts Posters When an artist creates a work of art, the copyright comes into existence automatically. By registering artwork, you have more rights.
Derivative Work The right to prepare ―derivative works‖ rests with the copyright owner. The right to change the chart, picture, cartoon, or illustration into a poster or slide or video (also called the right of adaptation) rests with the copyright holder.
Derivative Work Rights Can’t reproduce the work in a different media Can’t copy or reproduce the heart of the artwork or image The more you copy, less likelihood it constitutes fair use The amount taken from the copyrighted work in relationship to the totality of that work is the crucial factor
Infringement Examples Teacher uses the opaque projector to enlarge a greeting card illustration for a bulletin board decoration. Cheerleaders create a poster that features a popular cartoon character dressed in a team uniform. Teacher copies an image from a coloring book and adds more detail to it for a worksheet.
Parody and/or Satire The work must have a critical component. The work still falls under fair use – good faith. Only elements that are necessary for the parody can be used. The appropriation in the copied work must change the message of the underlying work. Settled case-by-case, so ask permission.
Clip Art Clip art is sold to be copied in certain formats Check the clip art limitations
Views on copying images for art ―I consider general copying as a delusive kind of industry.‖ President of English Royal Academy, Sir Joshua Reynolds 1769―It has generally been accepted that children shouldnot copy anything. The arts are supposed to be ameans of one’s own expression and not a superficialcopy of someone else’s thoughts and ideas… There isno place for mindless copying of others’ art in ameaningful art program.‖ Viktor Lowenfeld 1987
Digital Media Digital Media is covered under the same copyright laws as other media Digital Media covers other media including print, music, art, multimedia Special laws have been passed to cover unique situations created by technology
Digital Media Legislation Computer Amendment of 1980 – protects computer software No Electronic Theft Act – NET Act – 1997 – protects software and digital recordings The Digital Millennium Copyright Act of 1998 -
The Digital Millennium Copyright Act President Clinton signed the act into law on October 28, 1998 Covers code-cracking technology Internet provider regulations Submission of recommendations for promoting while protecting distance education will be coming
Internet Use Copying information from one website to another is not permissible Using copyrighted material from the web in a multimedia production with authorization is permissible Copyrighted images on the web must be displayed with the creator’s name and authorization Copying source code is not permissible
Website Linking & Posting Follow the directions for linking provided by website If there are no directions provided, ask for permission from the webmaster or e-mail address provided Creating a link from one website to another is permissible if the words describe accurately what is being linked to
West Fargo Public School WebPages There are many rules relating to proper posting and safeguards for educational sites The WF School District does not sponsor personal or classroom websites because they are difficult to monitor If you wish to post sites and/or documents for classroom use, see your librarian or e- mail Peggy Spitzer, our district webmaster
E-Mail Posting or forwarding an e-mail message without the consent of the author is not permitted Be careful when sending E-mail. E-mail messages can be tracked to their sources The same laws apply to e-mail and posted mail (terrorism, threats, etc)
Postings on Chat or Usenet It is illegal to print or post an individual’s posting without written permission from the author If you read something that you would like to share with others, try something like: I heard in the copyright newsgroup that most people are not aware of the laws related to cyberspace.
Passwords Using or sharing a password which provides controlled access to information is not permitted (user account or database access) Any attempt to circumvent any protection measure is not permitted (password or form of encryption)
Software Creating or using code-cracking software is not permissible ―Personal‖ versions or copies of software are not permissible on district computers Making personal copies of district software is not permissible Appropriate documentation of all software must be maintained by the buildings or district
Scanners and CD Writers It is illegal to scan or alter images for the purpose of fraud (false ID, printing money, etc.) It is illegal to save any copyrighted materials in any form using district equipment
Copyright Information Use our library website to access these and other links: What is Copyright? Copyright and Fair Use United States Copyright Office This site also provides all materials presented today
Bibliography Althouse, Jay. Copyright: The complete guide for Music Educators. Van Nuygs, CA: Alfred Publishing Co., Inc., 1997. Bielefiled, Arlene. Technology and copyright law. New York: Neal- Schuman Publishers, 1999. Copyright Implementation Manual. 30 May 2001. Media Technology Services, Groton Public Schools. 17 July 2001 <http://groton.k12.ct.us.mts.egtoc. Copyright Law of the United States. Library of Congress, 15 November 2001. http://www.loc.gov/copyright/title17/ Darraby, J. L. Art, artifact and architecture law. New York: Clark Boardman Callaghan, 1995. The Digital Millennium Copyright Act. UCLA Cyberspace Law and Policy, 15 November 2001. http://www.gseis.ucla.edu/iclp/dmca1.htm
Bibliography cont. Digital Millennium Copyright Act Guide. American Library Association Washington Office Newsline, 15 November 2001. Volume 7, Number 125, October 13, 1998 http://www.ala.org/washoff/alawon/alwn7125.html Federal Crime Statues. Laws and Texas Tech University System Policies Affecting Computer Use, 15 November 2001. http://www.itts.ttu.edu/documentation/lasws/lpc3.html Lowenfeld, Viktor. Creative and mental growth. Englewood Cliffs, NJ: Prentice Hall Career and Technology, 1987. McFarland, Thomas. Originality and imagination. Baltimore: John Hopkins University Press, 1985. O’Mahoney, Benedict. Usenet Newsgroups. 15 November 2001. Copyright Website http://www.copyrightwebsite.com/digital/usenet/usenet.asp
Bibliography cont. O’Mahoney, Benedict. Website Issues. 15 November 2001. Copyright Website http://www.copyrightwebsite.com/digital/webIssues/webIssues.asp Reproduction of Copyright Office 17 July 200 1 http://lcweb.loc.gov/copyright circs/ Copyrighted Works by Educators and Librarians. Circular 21. Washington, DC: United States circ21.html Reynolds, Sir Joshua. Discourses in art. San Marino, CA: Huntington Library, 1959. Simpson, Carol. Copyright for schools: a Practical Guide. Worthington, Ohio: Linworth Publishing, 2001 Spatt David M. Ocean State Lawyers for the Arts Arts & Law Home Page. 1997 http://www.artslaw.org/
Bibliography cont. US Copyright Office Reproductions of Copyrighted works by Educators and Librarians, Circular Washington, DC: Library Of Congress, Woody, III , Robert Henley and Robert Henley Woody, II. Music Copyright Law in Education. Bloomington, Indiana: Phi Delta Kappa Educational Foundation, 1994.
Copyright Curriculum Writing Project Team Richard Cwikla – Multimedia Susan Jordahl – Music Brenda Luthi – Images Mary Soehren – Printed Material Peggy Spitzer – Digital Media